Monday, 2 November 2015

Is it not high time to make a louder roar?

I believe it was on a bright day of June 2015, when I just couldn't go
on browsing social media new feeds, especially the ones trending over the
Facebook. All I could see was people changing their display pictures, dyed with
the rainbow flag strips to supposedly support legalization of Gay marriages
across United Stated of America. What kind of dis-attracted me to this
mass-affair was the way most people were doing it; they were trying to show-off
the fake-cool. Very few of them (I'm sure about it) would know of the flag
symbolism and idea behind the particular colour scheme. For your knowledge, the
flag symbolises- pride, hope and diversity.

The DP-level support would have undoubtedly raised awareness about
Lesbians, Gays, Bisexuals and Transgender (LGBT) rights and status in the eyes
of both, law and culture. And, it was not really surprising to see the fervour
gone in less than a week’s time. But, what really does remain as a big question
among queer activists and scholars is, should not India too, follow the path of
now finally legalising the same? How long the people from LGBT community will
have to wait to get the basic rights which every individual apart from their community
has? Here are some of the arguments in favour of decriminalizing it,
specifically in Indian context- in view of Section-377 of the Indian Penal
Code.

First and foremost, it violates right to liberty guaranteed under
Article-21 of the Indian Constitution- The right also covers private consensual
sexual relations, apart from the rest of
the things. The fundamental right to liberty prohibits the state from
interfering with the private personal activities of the individual. India,
somehow hasn't till the date recognised the right to privacy in favour of the
LGBT community people.

Secondly, criminalizing homosexual conduct is pretty much
unreasonable and arbitrary: Breach of, the right to equal protection before law
requires the fortitude of whether there is a rational and objective basis to
the taxonomy introduced. There should be a just and reasonable nexus between
the taxonomy and the object sought to be achieved by the legislation.

Thirdly, Section-377 encroach upon the enjoyment of civil laws and
gay men and lesbians and leads to other antagonistic effects: Section-292 of
IPC punishes Obscenity; the current definition of obscenity can lead it to
incriminate the gay and lesbian writings. As male homosexuality is a criminal
offence, the supposition is that it is something immoral and can corrupt the
minds and bodies of the people. In the prevailing atmosphere any writing about
the lesbians and the gay men can be criminalized, as homosexuality is treated as
something immoral. Yet, people have started voicing their side of stories by
coming out and marching-on.

But, why should we bother for the people whose rights got stolen?

• For, these
people are still denied jobs, promotions, accommodation only because of their
sexual orientation.

• For, gay
teenagers are unreasonably at risk of suicide.

• For, these
people are still beaten off or murdered for being lesbian, gay, bisexual or
transgender.

• For, they are
still made to feel uncomfortable while holding the hand of a partner and walking
down the boulevard.